American Savings & Loan Ass'n v. Eidelberg

Defendant Eidelberg moves to dismiss the complaint for the foreclosure of a mortgage on the grounds of insufficiency in law.

The plaintiffs allege that on November 2, 1964 defendant Surrey mortgaged certain premises to plaintiff, American Savings and Loan Association, to secure the sum of $450,000, that thereafter a participating interest in said mortgage was assigned to plaintiff Jackson Heights Savings and Loan Association, that said premises are incumbered by a mortgage in the amount of $59,800 given by defendant Surrey to defendant Eidelberg’s testator which mortgage was subordinated to…